QSR1921/2/5/2a to 2k

The Examinations of George Garside, Maurice Curtis Clifford, Algenon Missenden, John Banbrook, William John Syratt, Thomas Charles Bodsworth, Marian Louise Matthews, Reginal Frank Austin Tutt & William Clark. Taken on oath 1st February 1921 at Leighton Buzzard before the undersigned, Hugh Bulkeley Price Brock & George Chapman Esquire two of His Majesty's Justices of the Peace in the presence & hearing of Walter Scott Potter

21st February 1921

From: 1918 To: 1921

2a) Walter Scott Potter, the defendant is charged that between 30th November 1918 & 2nd february 1920 at Leighton Buzzard , then being a person employed by the Joint Committee of the Linslade Urban & Tring & Eaton Bray Rural District Councils as Local Fuel Overseer wilfully & with intent to defraud did omit to enter in a Book to wit, the said Committees Cash Account Book certain material particulars namely the receipt by him of the following sums namely the sum of £7-8-11 received on 31st December 1918from the firm of P.M.L. Carew, the sum of £4-11-11 received 25th April 1919 from Mr J Banbrook & the sum of £4-18-0 received 7th October 1919 from Mr J Syrattthe said being received by him for & on behalf of the said committee contrary to the statute in that case provided. 2b(i) to (iv) The deponent George Garside on his path saith as follows ;_ I reside at Leighton Buzzard, in the year 1918 I was chairman of the Joint Committee of Linslade Urban & Tring & Eaton Bray Rural District Council in pursuance of the Fuel & Household Lighting Order 1918 & on 23rd July 1918 the defendant was appointed Local Fuel Overseer of the District. He was a Clerk in the employ of Mr C W B Calcott who was the Clerk to the 2 Rural District Council. Some questions arose as to defendants first appointment & he was asked to resign & it was decided to advertise the appointment. Exhibit 1 I produce copy of the advertisment in the Leighton Buzzard Observor showing renumerationto be paid. Mr Potter wasagain appointed on the 20th August 1918. An office was providedat the rent of £15 a year- Salary according to appendix B worked out at £180 per year. he was appointed as part time officer & at the time held several other appointments. art of his duties comprised requistioning of Coal from Collery & Coal Merchants, the puchase & sale of Coal. He would receive monies for coal sold on behalf of the committee. The 3 council contributed expences of working & Potter was instructed to open Bank Accounts as Fuel Overseer in the names of the 3 councils. Ar first Potter got 2 members of the committee beside hinself to sign cheques. Exhibit 2 On 3rd September 1918 Potter was authorised to purchase the necessary Office furniture & I produce ? account fromMessr. N H Smith & Sons Leighton for £2-10-3, account paid out og committee funds & include an item into the Account Book 2s/3d I subsequently assertained that Potter opened Bank Account in own name as Fuel Overseer & that the 2 signatures of the committee were not then required. Exhibit 3 I produce cheque 4th Februaty 1919 signed by 2 committee men & countersigned by Potter. Meeting of the committee were frequent at the first but later met much less. Exhibit 4 I received a letter 14th July 1919 from Potter. The committee relied entirely upon Mr Potter. Cross Examined by Mr Lathom Solicitor for the Defendant The article in the Account Book produced 23rd July 1918 is correct, it was not owing to the defendants misconduct that he was asked to resign on 6th August 1918. Exhibit 5 I produce Account Book containing re-appointment on 20th August 1918, Mr Potter claimed to be entitled to £270 a year. At first we though this was the right amount. In December 1919 it was decided that the salary was £180 & it was to be taken back to the beginning of that year, I do not remember if there was a balance due for salary on his ceasing to be Fuel Overseer. There might have been. The work done first was satisfactory but not afterwards. The Books belong to the Committee & through them, the Councils. Re-examined by Mr Wilkin Solicitor for prosecution. He accepted Potters view that salary was £270. Exhibit 6 I produce copy of Order of 1918 & salary based upon number of Rateable premises in District of the 3 councils, Salary made up as follows; Linslade U D C, 780 rateable premises = £40 Eaton Bray R D C, 1600 " " = £70 Tring R D C, 2100 " " = £70 Total £180 Tha committee is responsible for work & authorise payments to be made. Account Book was produced at meetings. £180 is the Treasury Grant Signed Geo Garside 2c(i) to (iii) The deponent Maurice Curtis Clifford on his oath saith ;- I reside at Leighton Buzzard & am a Clerk in the employ of Mr C W B Calcott & I act as deputy Clerk to the Tring & Eaton Bray Rural District Councils. at the end of November 1919 defendant produced statement of expensesfor the half year ending June 1919 for the signature of Mr Calcott, as Clerk to the Councils I examined it. I found the opinion that according to the seale he was overcharging £90 a year & also that he did not produce vouchers for payments included in the statemant. In consequence Mr Cacott declined to sign the statement. Meetings of the 3 Councils subsequently held & a committee appointed ? go into the accoounts. Exhibit 7 I wrote the letter, copies produced, some signed by Mr Calcott others signed by me on behalf of Mr Calcott & others signed by me, forming portion of letters in Exhibit 7. I forwarded to Potter a copy of the letter December 1919 from the Board of Trade, the original of which is included in Exhibut 7. I received the original letters from defendant in the bundle of correspondence Exhibit 7 They are in the handwriting of the defendant. On 16th December I was present at a meeting of the Tring Finance Committee & Eaton Bray Council, the defendant attended & a statement of his expenses for the half year to June 1919 was produced, No books were producedin support of his claim, he produced some vouchersbut not all. Questions arose as to his salary as drawn by him & the meeting adjourned until 23 December1919. A meeting was held 23rd December 1919 board of Trade representative present & I think Potter was also. It was then assertained that in accordance with sealeof the Fuel & lighting Order Potter had been paying himselff more than allowed namely at the rate of £270 instead of £180. Meeting again adjourned until 2nd January 1920 at which defendant was again present. Committee decided that Potter was to be given I months notice determining his appointment that no more cheques shall be drawn by him on Fuel Account and that he should repay such amounts as Committee considered he had wrongfully charged. Defendant was given verbal notice determining his appointment. Cross Examined by Mr Lathom It was necessary for expences list to be certified by the authorities concerned. Primary 3 councils & with Joint Committee responsible but committee had Executive powers.The treasury grants are £180 a year the repayment is 2 thirds of £270, I realise how defendant based his view of his salary at £270. In the first instance a sub committee of the Tring, Linslade & Eaton Bray councils called defandant to account & not the joint Fuel committee. I saw Mr Potter as to his statement & he explained to the committee how he madeup his £270 , the copy produced is a copy of Exhibit 8 the statement of expensein appling for Treasury Grant. re-examined by Mr Wilkin solicitor for the prosecution The statement, exhibit 8 inidicate Administration expenses signed M C Clifford 2d The deponent Algernon Missenden on his oath saith ;- Exhibit 9 I live at Linslade & am the Manager of M L M Carew, I produce letter written by Mr Potter to P L M Carew dated 20th December 1918 with receipt underneath for £7-8-11 dated31st December 1918 signed Algernon Missenden 2e The deponent William John Syratt on his oath saith :- EXhibit 11 I reside at Tring & am a Coal Merchant. on 7th October 1919 I paid defendant £4-18/- for caol supplied & I produce the receipt signed by him Signed William John n Syratt 2f The deponent John Banbrook on his oath saith Exhibit 10 I reside at Laighton Buzzard & am a Coal Merchant. On 25th April 1919 Signed John Banbrook 2g(i) to (v)The Deponent Thomas Charles Bodsworth on his oath saith :- I reside at Linslade, I was appointed Local Fuel Overseer of the Joint Committee of the Linslade, Eaton Bray & Tring Councils on 30th January 1920 & subsequently Clerk to the Committee, I commenced on the 3rd February duties such as Fuel overseer, I attended on 2nd February 1920 at the Linslade Council Offices to take over the books, papers & accounts from Mr Potter. He did not attend the appointment, on the next day I sent a Vehicle to Mr Potters office to collect the papers. I received a cupboard containing forms & reports, I did not receive any Cash Books, Account Books or Minute Books.. I wrote to Mr Potter, letter copies are in the bundle of correspondences in Exhibit 7. Exhibit 12 I wrote the letters to Mr Potter & sent him the telegram (Exhibit 12) I received original letter from Mr Potter (in the bundle exhibit 7along with a telegram dated 13th October 1920, letter with statement dated 5th May 1920 from Messr Willis, I wrote to Mr Willis, 7th May 1920 ) I received new ? Books on 14th March 1920 from Defendant. Exhibit 13 I produce the Committee Cash Account Book I received from defendant, the account shows a balance due from Defendant. £39-3-4 general account, £9-6-8, petty cash account. The book had not been carefully examninedat the time of my letter to Messr. Willis of 7th May 1920. I found an entry on the receipt side of the book £7-8-11 received from P M L Carew an item £4-11-11 received from Mr Banbrook an item of £4-18/- received from Mr Syratt on 7th October 1919. I indentify receipts in Exhibit 9.10 & 11 as being in Mr Potters handwritting. In July 1920 questions on Defendants account placed in hands of district Auditor. I attended Audit on 23rd September 1920, Mr Porrter was not present- the audit was adjourned to 6th October 1920 which I attended - Potter wasnot present. It was again adjourned to 15th October 1920 which I also attended - Potter was present. Potters attention was drawn to deficiencies by the Auditor particulars of which Potter took in his note book. Reciepts of the monies mentioned in charge included in amounts mentioned to Potter. he gave no explantion why they were not entered in the Account Book.He asked yo be allowed to look into the matter & the audit was adjourned for another fortnight. I again attended on 29th October 1920 but Potter did not attend. I had a telephone message next day from the defendant, he asked me to send him copies of 2 coal accounts, he also asked if auditor was there, I told him yes & that a surcharge had been made against him. I sent defendant on 29th October 1920 copy of his Account as shown in his Book (exhibit 13) also of the Petty Cash Account in the same book together with copies of the Auditors Certificateswritten at the end of each account in the Book.I have received no further communication from Mr Potter. Exhibit 14 I produce a copy of the Household Fuel & Lighting Order 1919. All the receipts except the last one in the Cash Book agree with the entries in the Duplicate pass book. Cross examined by Mr Lathom; The item of 21st August 1920 in pass book, £132-4-10 is a Treasury payment , proportion in respect of Fuel Officers salary should be £90 which leaves £42-4-10 for several Administrative expenses, Potter draws £90, out of the £132-4-10 as shown in the pass book. Re-examined by Mr Wilkin The pass book shows other payments to Potter before 30th August 1920 so that he had drawn more than £90 Signed Thomas Charles Bodsworth 2h(i) (ii) The Deponent Marrian Laura Matthews on her oath saith; - Exhibit 15 I am a clerk at Barclays Bank, Leighton Buzzard. I produce puplicate of the Pass Book of Mr Potter, it is in my writing, I copied it from his Account at the Bank, The account is made out in the name of W S Potter Local Fuel Account. It was poened 30th August 1918 & closed on 8th May 1920 by a debit payment in the name of Potter for the balance of the account £3-14/-, There is no entry on the receipt side of the Account asa credit from Mr Carew for £7-8-11 , a credit from Mr J Banbrook for £4-11-11 & a credit from Mr Syratt of £4-18/-. The credits are in the names of individuals, tha book produced is a correct copy of Mr Potters account in the Bank Book Signed M L Matthews 2i The deponent Reginal Frank Austin Tutt on his oath saith :- I am Clerk to Leigthon Buzzard Urban District Council, The statement of expenses for the Treasury grant includes Administrative Expenses Cross examined by Mr Lathom The offical is entitled to the whole Treasury Grant in the first instance, in this case £270, The Local Authority would then send a statement to the treasury who would get £180 & the remaining £90 to the ratepayers. I say that my evidence is based on the assumption that the salary was £270, The Treasury pay general administrative expenses also & the usual way to divide it would be 2 thirds from Treasury & 1 third ratepayers. Re examined by Mr Wilkin Order provides for maximum grant, the £180 is 2 thirds & the maximum is £270 Signed Reginal F A Tutt 2j The Deponent William Clark on his oath saith :- I am a Police Constable stationed at Leighton Buzzard, I received Warrant & arrested the prisoner at Halesowen on 17th January 1921. I read the warrant over to the prisoner & cautioned him bay he made no remark or answer. I then bought him to Leighton Buzzard, Signed William Clark PC 78 The foregoing depostitions were taken & sworn before us at Leighton Buzzard in the County of Bedford 1st February 1921 Signed Hugh B P Brock George Chapman 2k The charge having been read to the Defendant & Witnesses for the Prosecution having been examined in the presence of the defendantis asked if he would like to answer the charge; where upon the Defendant said the following :- I am not guilty & reserve my defence He was asked if wished to give evidence or call any witness - he says No Signed Hugh B P Brock & George Chapman

item

Garside, George,
Clifford, Maurice Curtis,
Missenden, Algernon,
Banbrook, John,
Syratt, William John,
Bodsworth, Thomas,
Matthews, Marian L,
Tutt, Reginal Frank Austin,
Clark, William,
Potter, Walter Scott,
Brock, Hugh B P,
Chapman, George,
Lathom, F W J,
Wlkin

LEIGHTON BUZZARD, Tring, EATON BRAY, fraud, accounts, Leighton Buzzard Urban District Councils, Rural District Council